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Legislation and Regulation

Leadership Now In Place – Capitol is Getting Down to Business

With Committee Assignments now made in both the House and the Senate, lawmakers at Mississippi’s State Capitol are quickly getting down to business. As the first session in the new four year term, all deadlines have been moved back, and the legislature will be in session one month longer than usual. The deadline for introducing bills, which normally occurs about this time, will not actually happen until February 20. Committees will then have until March 6 to report bills to the floor. And Sine Die, the official adjournment of the legislature, will not happen until Saturday, May 5.

Numerous Workers’ Comp and Health Bills Are Anticipated

As we do every year, MASI will be tracking all bills pertaining to Workers’ Comp and Health. We will also be working with legislative leaders to ensure that harmful legislation is kept at bay while beneficial legislation is given consideration. As many self-insured employers and groups know, there are attempts every year to enact extensive and burdensome regulations, as well as significant changes in the current law. These attempts threaten the ability of Mississippi employers to maintain and create jobs for hardworking Mississippians. MASI is your watchdog – to help keep this from happening.

MASI Opposes Changes to MWCC

It is important to note that a recent PEER Report of Mississippi’s Workers’ Comp Commission has been the subject of much discussion. Upon review of the report, along with the Commission’s response, it is MASI’s position that the current system is fair, and we oppose any efforts to diminish the commission’s authority, make changes to its composition, or move its duties to another government agency. As a result, MASI will be working to oppose any legislation which would promote any such change. (The PEER Report, along with the Commission’s response, may be viewed by clicking here: http://www.peer.state.ms.us/reports/rpt558.pdf. Make sure you scroll down the entire document in order to read the response).

ALERT OF RULE CHANGE

The Mississippi Workers’ Comp Commission announced some important revisions in 2011 to the rules pertaining to its procedural and general rules. These revisions took effect August 1. To view the Notice of Amendment click here. In its summary, the Notice states the following: “Procedural Rules 20 & 21 are being amended to require attorneys to include email addresses and fax numbers on pleadings and to keep the MWCC apprised of any changes to this contact information. General Rule 7(B)(10)(a) is being amended to reduce the premium deposit required from members of groups self insurance programs from 25% to 10%, and to make this deposit a permanent deposit. Fee Schedule, Dispute Resolution Rule II. is being amended to required notice to all other parties whenever a request for resolution of dispute is filed with the Commission.”

We believe these changes were very positive. The most significant change, lowering the annual deposit for self-insurers from 25% to 10%, was very good news – and we are proud to say that MASI members were instrumental in helping this change to come about!

 

Direct Appeal Is Now Law!

MASI is proud to have helped pass a new law in 2011: Direct Appeal, HB1078. This law represents great progress for Mississippi – it will help streamline the legal process by allowing Work Comp cases to by-pass the Circuit Court level and go directly to the Miss. Court of Appeals, shortening the legal process by as much as one year. Workers’ Comp Judge Deneise Lott shared these words with us: Congratulations to you and MASI for shepherding this legislation to a successful conclusion! It is much-needed reform that should have occurred decades ago. The fact that it has finally passed is a testament to MASI's persistence and leadership, as it clearly would not have happened without MASI's support. What a great legacy!” 

Very Few Health Bills Pass in 2011

The list of Health Bills that passed in 2011 is a short one. Of the four Health Exchange bills passed in the early stages of the session, only one passed conference: HB 377, extending the time for work on the Mississippi Health Exchange. Other Health Bills passed cover just a few areas, such as establishing a Task Force on Kidney Disease, the creation of a Council on Obesity, amendments to the MS Pharmacy Practice Act, and passage of a Mental Health Reform Act.

Hon. Liles Williams Overwhelmingly Confirmed by Senate in 2011

The Mississippi Senate overwhelmingly confirmed the Hon. Liles Williams as Chairman of the Mississippi Workers’ Comp Commission, with only one dissenting vote. This is an outstanding achievement for a good man who has done a tremendous job! Chairman Williams' record of public service and business leadership goes back many years, including a noteworthy career as Vice President of Stuart C. Irby Co., and numerous civic and political activities. MASI congratulates Chairman Williams on his re-confirmation. He has been noted as one of the best chairmen the MWCC has ever had, and we are so proud that he will be able to serve another six year term, commencing 2011 and continuing through 2016.

Hon. Debra Hendricks Gibbs Unanimously Confirmed by Senate in 2011

 

MASI congratulates the Honorable Debra Hendricks Gibbs, who was unanimously confirmed by the Mississippi Senate. Commissioner Gibbs was appointed last year by Governor Haley Barbour to serve the remainder of the term left by former Commissioner Leon Collins, who left the MWCC last year to pursue an opportunity in the private sector. Commissioner Gibbs has experience both as an accountant and as an attorney and has worked in various areas of state government over the years. She directed the accounting and finance office for the MS Department of Human Services, clerked for Supreme Court Justice Jim Smith, and has been involved in numerous community activities. She is married to Judge Robert Gibbs, now an attorney at Butler Snow, and together they have two children, one in college and one in high school. We look forward to working with Commissioner Gibbs and wish her well in this important position.

A list including links to the Work Comp and Health bills that passed in 2011 can be found below:

HB1078
*

Workers' Compensation Commission; provide that appeals from commission go directly to Supreme Court.
      03/11 Approved by Governor

Watson

HB 377
*

Health Insurance Exchange Study Committee; extend repealer on.
      03/28 (H) Conference Report Adopted

Warren

HB 533
*

Chronic Kidney Disease Task Force; extend the date of repeal on.
      03/28 (H) Conference Report Adopted

Warren

HB 827
*%

Nonresident pharmacies; require that adult sign for Schedule II drugs shipped to private residence in Mississippi.
      03/24 Due From Governor 03/30/11

Howell

HB 924
*

Council on Combating Obesity in Mississippi; create.
      03/28 (H) Conference Report Adopted

Holland

SB2445
*%

"Mississippi Pharmacy Practice Act"; extend repealer on and make technical amendments.
      03/28 (S) Conference Report Adopted

Dearing

SB2446
*%

Mississippi Board of Psychology; reenact and make technical amendments.
      03/28 (H) Conference Report Adopted

Blount

SB2734
*%

Trauma care services fee program; extend repealer on.
      03/28 (S) Conference Report Adopted

Bryan

SB2737
*

Step therapy or fail-first protocols by a prescribing physician under certain circumstances; provide for.
      03/28 (S) Conference Report Adopted

Burton

SB2836
*%

"Mississippi Mental Health Reform Act of 2011"; enact.
      03/28 (H) Conference Report Adopted

Bryan

SN 10

Liles B. Williams, Raymond, Mississippi, Workers' Compensation Commission, representative of employers, six year term beginning January 1, 2011 and ending December 31, 2016.
      02/22 (S) Notified of Approval

GOVERNOR

SN 61

Debra Hendricks (Debbie) Gibbs, Jackson, Mississippi, Workers' Compensation Commission as a representative of employees, term effective immediately and ending December 31, 2014, vice Leon Collins.
      03/24 (S) Notified of Approval

GOVERNOR

Fee Schedule Revisions Adopted by MWCC

The Mississippi Workers' Compensation Commission continually updates its fee schedule and completed a full revision in 2010. MASI has been very involved in these revisions. Many of MASI's recommendations have been included in these revisions.

The current schedule became effective July 1, 2010. To view the fee schedule information and all updates, click here.

National Healthcare Reform Could Affect Workers' Comp

The Federally-mandated healthcare reforms now taking place across our country will have historic implications on our nation's healthcare program and could affect workers' comp as well. For updates on these reform efforts, click on the following links:

What Does MASI Do?

The Mississippi Association of Self-Insurers was established to represent the interests of the self-insurance industry through legislative and regulatory actions. The Association membership is composed of group self-insurer funds and individual self-insured employers.

The Association is strongly supported by many professional members who serve self-insurers such as rehabilitation counselors, third party administrators, law firms, and specialists in various other services. The Association is directed by a Board of Directors with a representative from each Group Association and representatives selected from individual self-insured companies.

Legislative, Regulatory, Public Relations and Individual Self-Insured Committees have been established to recommend present and future policies for the association.


Our Successes

As The Voice of One, MASI has effectively represented the interests of its members, and continues to grow as an effective voice for responsible and fair treatment of self-insurers and the employees under their care. Here are just a few of our successes...

  • At the request of the Mississippi Workers' Compensation Commission, MASI helped get the statute changed to allow the Commission to use current mortality tables when calculating permanent disability and death benefits. During this process, MASI helped prevent an effort in the Mississippi Legislature to extend indemnity benefits from the current level of 450 weeks to 520 weeks.
  • MASI worked with the Commission and Legislature to ammend state law so that notice of cancellation of coverage could be sent by certified mail.
  • MASI took the lead in getting workers' compensation coverage exempted from any future windstorm surcharges that may be assessed as part of House Bill 1500, passed in the Mississippi Legislature's 2007 Spring Session.
  • MASI successfully opposed the creation and expansion of a Cost Containment Division within the Workers' Compensation Commission in 2006, which if established would have cost employers millions of dollars.
  • MASI helped to get legislation passed in 2005 that replaced the Self-Insured Guaranty Fund with two guaranty funds, one for individual self-insured companies and one for self-insured groups.
  • MASI continually acts as a vocal advocate for self-insurers all across Mississippi during times of regulatory or legislative change, and seeks to keep its members informed. Whether the issue is examining proposed changes to the Medical Fee Schedule or fighting proposed legislation that could be harmful to our members, MASI is at the forefront.
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